Loading

Oregon Bulletin

December 1, 2011

 

Oregon Medical Board
Chapter 847

Rule Caption: Fee changes as approved.

Adm. Order No.: OMB 22-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-005-0005

Subject: The fee amendments were approved as part of the budget proposal(s) that were presented to the Oregon Legislature.

      The proposed rule change amends fees for physicians, podiatric physicians, physician assistants, and acupuncturists when licenses are renewed each biennium. Licensees with Active, Inactive, Locum Tenens, Teleradiology, and Telemedicine, and Military/Public Health statuses are included in the fee amendments.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-005-0005

Fees

(1) Fees to be effective upon adoption:

(a) Doctor of Medicine/Doctor of Osteopathy (MD/DO) Initial License Application — $375

(b) MD/DO Registration: Active, Military/Public Health, and Teleradiology, Inactive, Locum Tenens, and Telemedicine — $232/year**

(c) MD/DO Emeritus Registration — $50/year

(d) Limited License, SPEX/COMVEX, Visiting Professor, Fellow, Medical Faculty, Postgraduate, Special — $185

(e) Acupuncture Initial License Application — $245

(f) Acupuncture Registration: Active, Inactive, and Locum Tenens — $148year**

(g) Acupuncture Limited License, Special, Visiting Professor, Postgraduate — $75

(h) Physician Assistant Initial License Application — $245

(i) Physician Assistant Registration: Active, Inactive, and Locum Tenens — $175/year**

(j) Physician Assistant Limited License, Special, Postgraduate — $75

(k) Podiatrist Initial Application — $340

(l) Podiatrist Registration: Active, Inactive, and Locum Tenens — $222/year**

(m) Podiatrist Emeritus Registration — $50/year

(n) Podiatrist Limited License, Special, Postgraduate — $185

(o) Workforce Data Fee — $5/license period

(p) Miscellaneous: All Fines and Late Fees:

(A) MD/DO Registration Renewal Late Fee — $159

(B) Acupuncture Registration Renewal Late Fee — $80

(C) Physician Assistant Registration Renewal Late Fee — $80

(D) Podiatrist Registration Renewal Late Fee — $159

(q) Electronic Prescription Monitoring Program — $25/year per license***

(r) Dispensing MD/DO/DPM Failure to Register — $159

(s) Oral Specialty or Competency Examination ($1,000 deposit required) — Actual costs

(t) Affidavit Processing Fee for Reactivation — $50

(u) Licensee Information Requests:

(A) Verification of Licensure-Individual Requests (1-4 Licenses) — $10 per license

(B) Verification of Licensure-Multiple (5 or more) — $7.50 per license

(C) Verification of MD/DO License Renewal — $150 Biennially

(D) Malpractice Report - Individual Requests — $10 per license

(E) Malpractice Report - Multiple (monthly report) — $15 per report

(F) Disciplinary - Individual Requests — $10 per license

(G) Disciplinary Report - Multiple (quarterly report) — $15 per report

(v) Base Service Charge for Copying — $5 + .20/page[

(w) Record Search Fee (+ copy charges see section (v) of this rule):

(A) Clerical — $20 per hour*

(B) Administrative — $40 per hour*

(C) Executive — $50 per hour*

(D) Medical — $75 per hour*

(x) Data Order:

(A) Standard Data License Order — $150 each

(B) Custom Data License Order — $150.00 + $40.00 per hour Administrative time

(C) Address Label Disk — $100 each

(D) Active and Locum Tenens MD/DO list — $75 each

(E) DPM, PA, or AC list — $10 each

(F) Quarterly new MD/DO, DPM, PA, or AC list — $10 each

(2) All Board fees and fines are non-refundable, and non-transferable.

*Plus photocopying charge above, if applicable.

**Collected biennially except where noted in the Administrative Rules.

All active MD/DO registration fees include $10.00 for the Oregon Health and Science University Library, and are collected biennially.

***Per SB 355 (2009), physician, podiatric physician and physician assistant licensees authorized to prescribe or dispense controlled substances in Oregon assessed $25/year; funds transferred to the Department of Human Services, minus administrative costs, to support the Electronic Prescription Monitoring Program. Licensees with Active, Locum Tenens, Telemonitoring, Teleradiology, and Telemedicine status are included. Licensees with a limited license are not included.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Hist.: ME 7-1984, f. & ef. 1-26-84; ME 17-1984, f. & ef. 11-5-84; ME 6-1985, f. & ef. 7-30-85; ME 3-1986(Temp), f. & ef. 4-23-86; ME 4-1986, f. & ef. 4-23-86; ME 9-1986, f. & ef. 7-31-86; ME 2-1987, f. & ef. 1-10-87; ME 7-1987(Temp), f. & ef. 1-26-87; ME 9-1987, f. & ef. 4-28-87; ME 25-1987, f. & ef. 11-5-87; ME 9-1988, f. & cert. ef. 8-5-88; ME 14-1988, f. & cert. ef. 10-20-88; ME 1-1989, f. & cert. ef. 1-25-89; ME 5-1989 (Temp), f. & cert. ef. 2-16-89; ME 6-1989, f. & cert. ef. 4-27-89; ME 9-1989(Temp), f. & cert. ef. 8-1-89; ME 17-1989, f. & cert. ef. 10-20-89; ME 4-1990, f. & cert. ef. 4-25-90; ME 9-1990, f. & cert. ef. 8-2-90; ME 5-1991, f. & cert. ef. 7-24-91; ME 11-1991(Temp), f. & cert. ef. 10-21-91; ME 6-1992, f. & cert. ef. 5-26-92; ME 1-1993, f. & cert. ef. 1-29-93; ME 13-1993, f. & cert. ef. 11-1-93; ME 14-1993(Temp), f. & cert. ef. 11-1-93; ME 1-1994, f. & cert. ef. 1-24-94; ME 6-1995, f. & cert. ef. 7-28-95; ME 7-1996, f. & cert. ef. 10-29-96; ME 3-1997, f. & cert. ef. 11-3-97; BME 7-1998, f. & cert. ef. 7-22-98; BME 7-1999, f. & cert. ef. 4-22-99; BME 10-1999, f. 7-8-99, cert. ef. 8-3-99; BME 14-1999, f. & cert. ef. 10-28-99; BME 4-2000, f. & cert. ef. 2-22-00; BME 6-2001(Temp), f. & cert. ef. 7-18-01 thru 11-30-01; BME 10-2001, f. & cert. ef. 10-30-01; BME 8-2003, f. & cert. ef. 4-24-03; BME 16-2003, f. & cert. ef. 10-23-03; BME 17-2004, f. & cert. ef. 9-9-04; BME 6-2005, f. & cert. ef. 7-20-05; BME 15-2006, f. & cert. ef. 7-25-06; BME 1-2007, f. & cert. ef. 1-24-07; BME 1-2008, f. & cert. ef. 1-22-08; BME 15-2008, f. & cert. ef. 7-21-08; BME 1-2009, f. & cert. ef. 1-22-09; BME 15-2009(Temp), f. & cert. ef. 9-11-09 thru 3-8-10; BME 1-2010, f. & cert. ef. 1-26-10; OMB 10-2011(Temp), f. & cert. ef. 7-13-11 thru 1-4-12; OMB 18-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12; OMB 22-2011, f. & cert. ef. 10-18-11

 

Rule Caption: Fines on use of non legal practice name; housekeeping language changes.

Adm. Order No.: OMB 23-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-008-0065

Subject: The proposed rule clarifies licensees practice under their legal name, imposes a fine if the rule is violated. Additional language was added that further disciplinary action may be taken by the Board for violations. The rule also addresses some housekeeping language changes.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-008-0065

Use of Name

(1) Each licensee of the Board must be licensed under licensee’s legal name and must practice under that legal name.

(2) When a name is changed, all of the following must be submitted to the Board within 30 days of the name change:

(a) A signed change of name notification affidavit provided by this Board;

(b) A copy of the legal document showing the name change; and

(c) The returned original Oregon license and license card, or engrossed certificate, whichever is applicable.

(3) Violation of this rule will result in $195 fine and may be cause for further disciplinary action by the Board.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.265

Hist.: ME 5-1990, f. & cert. ef. 4-25-90; BME 24-2007, f. & cert. ef. 10-24-07; OMB 23-2011, f. & cert. ef. 10-18-11

 

Rule Caption: Notify patients and Board if leaving active status, imposes fine for violation.

Adm. Order No.: OMB 24-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-012-0000

Subject: The proposed rule amendment adds language requiring licensees leaving active practice to notify patients and the Board of their status and method to obtain patient records; clarifies fine amount and possible disciplinary action by the Board. Housekeeping changes in language and grammar.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-012-0000

Patient’s Access to Medical Records

(1) Licensees of the Oregon Medical Board must make protected health information in the medical record available to the patient or the patient’s representative upon their request, to inspect and obtain a copy of protected health information about the individual, except as provided by law and this rule. The patient may request all or part of the record. A summary may substitute for the actual record only if the patient agrees to the substitution. Board licensees are encouraged to use the written authorization form provided by ORS 192.522.

(2) For the purpose of this rule, “health information in the medical record” means any oral or written information in any form or medium that is created or received and relates to:

(a) The past, present, or future physical or mental health of the patient.

(b) The provision of healthcare to the patient.

(c) The past, present, or future payment for the provision of healthcare to the patient.

(3) Upon request, the entire health information record in the possession of the Board licensee will be provided to the patient. This includes records from other healthcare providers. Information which may be withheld includes:

(a) Information which was obtained from someone other than a healthcare provider under a promise of confidentiality and access to the information would likely reveal the source of the information;

(b) Psychotherapy notes;

(c) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding; and

(d) Other reasons specified by federal regulation.

(4) Licensees who have retired, failed to renew their license, relocated their practice out of the area, had their license revoked, or had their license suspended for one year or more must notify each patient seen within the previous two years and the Oregon Medical Board of the change in licensee’s status and how patients may access or obtain their medical records. Notifications must be in writing and sent by regular mail to each patient’s last known address within 45 days of the change in licensee’s status.

(5) Licensees who have been suspended for less than one year must notify the Board within 10 days of the suspension how patients may access or obtain their medical records.

(6) A reasonable cost may be imposed for the costs incurred in complying with the patient’s request for health information. These costs may include:

(a) No more than $30 for copying 10 or fewer pages of written material, and no more than 50 cents per page for pages 11 through 50, and no more than 25 cents for each additional page;

(b) A bonus charge of $5 if the request for records is processed and the records are mailed by first class mail to the requester within seven business days after the date of the request;

(c) Postage costs to mail copies of the requested records;

(d) Actual costs of preparing an explanation or summary of the health information, if such information is requested by the patient; and

(e) Actual costs of reproducing films, x-rays, or other reports maintained in a non-written form.

(7) A patient may not be denied summaries or copies of his/her medical records because of inability to pay.

(8) Requests for medical records must be complied with within a reasonable amount of time not to exceed 30 days from the receipt of the request.

(9) Violation of this rule will result in a $195 fine and may be cause for further disciplinary action by the Board.

Stat. Auth.: ORS 677.265, 192.521

Stats. Implemented: ORS 677.265, 192.521

Hist.: ME 7-1988, f. & cert. ef. 4-20-88; BME 1-2004, f. & cert. ef. 1-27-04; BME 18-2004, f. & cert. ef. 10-20-04; BME 17-2008, f. & cert. ef. 7-21-08; OMB 24-2011, f. & cert. ef. 10-18-11

 

Rule Caption: New Osteopathic school opening in Oregon and clarifies the standards for re-entry to practice.

Adm. Order No.: OMB 25-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-020-0183

Subject: The proposed rule adds language to include the new Osteopathic school which is opening in Oregon and clarifies the standards for re-entry to practice.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-020-0183

Re-Entry to Practice — SPEX or COMVEX Examination, Re-Entry Plan and Personal Interview

If an applicant has ceased the practice of medicine for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to demonstrate clinical competency.

(1) The applicant who has ceased the practice of medicine for a period of 12 or more consecutive months may be required to pass the Special Purpose Examination (SPEX) or Comprehensive Osteopathic Medical Variable-Purpose Examination (COMVEX). This requirement may be waived if the applicant has done one or more of the following:

(a) The applicant has received a current appointment as Professor or Associate Professor at the Oregon Health and Science University or the Western University of Health Sciences College of Osteopathic Medicine of the Pacific; or

(b) The applicant has within ten years of filing an application with the Board:

(A) Completed one year of an accredited residency, or an accredited or Board-approved clinical fellowship; or

(B) Been certified or recertified by a specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association; or

(c) The applicant has subsequently:

(A) Completed one year of an accredited residency, or

(B) Completed one year of an accredited or Board-approved clinical fellowship, or

(C) Been certified or recertified by a specialty board recognized by the American Board of Medical Specialties or the American Osteopathic Association, or

(D) Obtained continuing medical education to the Board’s satisfaction.

(2) The applicant who has ceased the practice of medicine for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The Board must review and approve a re-entry plan prior to the applicant beginning the re-entry plan. Depending on the amount of time out-of-practice, the applicant may be required to do one or more of the following:

(a) Pass the SPEX/COMVEX examination;

(b) Practice for a specified period of time under a mentor/supervising physician who will provide periodic reports to the Board;

(c) Obtain certification or re-certification by a specialty board recognized by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association’s Bureau of Osteopathic Specialists (AOA-BOS);

(d) Complete a re-entry program as determined appropriate by the Board;

(e) Complete one year of accredited postgraduate or clinical fellowship training, which must be pre-approved by the Board’s Medical Director;

(f) Complete at least 50 hours of Board-approved continuing medical education each year for the past three years.

(3) The applicant who fails the SPEX or COMVEX examination three times, whether in Oregon or other states, must successfully complete one year of an accredited residency or an accredited or Board-approved clinical fellowship before retaking the SPEX or COMVEX examination.

(4) The Limited License, SPEX/COMVEX may be granted for a period of up to 6 months. It permits the licensee to practice medicine only until the grade results of the SPEX or COMVEX examination are available and the applicant completes the initial registration process. If the applicant fails the SPEX or COMVEX examination, the Limited License SPEX/COMVEX becomes invalid, and the applicant must cease practice in this state as expeditiously as possible, but not to exceed two weeks after the applicant receives notice of failure of the examination.

(5) The applicant may be required to appear before the Board for a personal interview regarding information received during the processing of the application. The interview must be conducted during a regular meeting of the Board.

(6) All of the rules, regulations and statutory requirements pertaining to the medical school graduate remain in full effect.

Stat. Auth.: ORS 677.175 & 677.265

Stats. Implemented: ORS 677.010, 677.175 & 677.265

Hist.: BME 20-2007, f. & cert. ef. 10-24-07; BME 4-2008, f. & cert. ef. 1-22-08; BME 6-2010, f. & cert. ef. 4-26-10; OMB 25-2011, f. & cert. ef. 10-18-11

 

Rule Caption: Requirements for re-entry to practice; includes housekeeping in language and grammar.

Adm. Order No.: OMB 26-2011

Filed with Sec. of State: 10-18-2011

Certified to be Effective: 10-18-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-080-0018

Subject: The proposed rule amendment clarifies requirements on re-entry to practice for podiatric physicians, by meeting requirements stated in the rule, such as obtaining Continuing Medical Education, (CME) preceding an application for licensure or reactivation. The rule also addresses some housekeeping language changes.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-080-0018

Endorsement, Competency Examination, Re-Entry to Practice and Personal Interview

(1) The applicant must base an application upon certification by the National Board of Podiatric Medical Examiners (NBPME).

(a) For applicants who graduated from a school or college of podiatric medicine on or after January 1, 2001, certification by the NBPME must include Part III of the examination. This requirement may be waived if the applicant is:

(A) Licensed as a podiatric physician in another state; or

(B) Certified by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine or the American Board of Podiatric Surgery.

(b) All three Parts of the NBPME examination must be passed within a seven-year period which begins when the first Part, either Part I or Part II, is passed. The score achieved on each Part of the examination must equal or exceed the figure established by the National Board of Podiatric Medical Examiners as a recommended passing score.

(c) An applicant who graduated from a school or college of podiatric medicine on or after January 1, 2001, and who has not passed all three Parts within the seven-year period may request an exception to the seven-year requirement if he/she:

(A) Has current certification by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine or the American Board of Podiatric Surgery, or

(B) Suffered from a documented significant health condition which by its severity would necessarily cause a delay to the applicant’s podiatric study.

(d) Except as noted in Section (1)(e) of this rule, effective April 25, 2008, to be eligible for licensure, the applicant who graduated from a school or college of podiatric medicine on or after January 1, 2001, must have passed NBPME Part III within four attempts whether for Oregon or for any other state. After the third failed attempt, the applicant must have completed one additional year of postgraduate training in the United States prior to readmission to the examination. The Board must approve the additional year of training to determine whether the applicant is eligible for licensure. The applicant, after completion of the required year of training, must have passed Part III on their fourth and final attempt. If the fourth attempt of Part III is failed, the applicant is not eligible for Oregon licensure. If the applicant did not complete a year of training approved by the Board between the third and fourth attempt to pass Part III, the applicant is not eligible for licensure.

(e) An applicant who has passed the NBPME Part III, but not within the four attempts required by OAR 847-080-0018(1)(d), may request a waiver of this requirement if he/she has current certification by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine or the American Board of Podiatric Surgery.

(2) The applicant who has ceased practice for a period of 12 or more consecutive months immediately preceding an application for licensure or reactivation may be required to pass a competency examination in podiatry. The competency examination may be waived if, within ten years of filing the application with the Board, the applicant has:

(a) Passed the examination administered by the NBPME, or

(b) Been certified or recertified by the American Board of Podiatric Orthopedics and Primary Podiatric Medicine (ABPOPPM) or the American Board of Podiatric Surgery (ABPS), or

(c) Completed a Board-approved one-year residency or clinical fellowship, or

(d) Obtained continuing medical education to the Board’s satisfaction.

(3) The applicant who has ceased the practice of medicine for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The Board must review and approve a re-entry plan prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the applicant may be required to do one or more of the following:

(a) Pass the NBPME examination;

(b) Practice for a specified period of time under a mentor/supervising podiatric physician who will provide periodic reports to the Board;

(c) Obtain certification or re-certification by the ABPOPPM or the ABPS;

(d) Complete a re-entry program as determined appropriate by the Board;

(e) Complete one year of an accredited postgraduate or clinical fellowship training, which must be pre-approved by the Board’s Medical Director;

(f) Complete at least 50 hours of Board-approved continuing medical education each year for the past three years.

(4) The applicant may be required to appear before the Board for a personal interview regarding information received during the processing of the application. The interview shall be conducted during a regular meeting of a committee of the Board or the Board.

(5) Licensure shall not be granted until all requirements of OAR 847-080-0002 through 847-080-0020 are completed satisfactorily.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.825 & 677.830

Hist.: ME 6-1986, f. & ef. 4-23-86; ME 17-1987, f. & ef. 8-3-87; ME 23-1989(Temp), f. & cert. ef. 10-20-89; ME 3-1990, f. & cert. ef. 1-29-90; ME 13-1992, f. & cert. ef. 10-22-92; ME 8-1994, f. & cert. ef. 4-29-94; ME 11-1996, f. & cert. ef. 10-29-96; BME 2-1999, f. & cert. ef. 1-26-99; BME 4-1999, f. & cert. ef. 2-17-99; BME 10-2005, f. & cert. ef. 7-20-05; BME 19-2006, f. & cert. ef. 7-25-06; BME 17-2007, f. & cert. ef. 7-23-07; BME 18-2007(Temp), f. & cert. ef. 7-23-07 thru 1-8-08; BME 22-2007, f. & cert. ef. 10-24-07; BME 12-2008, f. & cert. ef. 4-24-08; BME 27-2008, f. & cert. ef. 10-31-08; OMB 26-2011, f. & cert. ef. 10-18-11

 

Rule Caption: Temporary rule suspension.

Adm. Order No.: OMB 27-2011(Temp)

Filed with Sec. of State: 10-26-2011

Certified to be Effective: 10-26-11 thru 4-10-12

Notice Publication Date:

Rules Suspended: 847-008-0040(T)

Subject: SB 224, passed by the 2011 Legislature, requires practice agreements to be updated every 2 years. The temporary rule filed and effective on October 13, 2011 clarified when a supervising physician must provide the practice agreement update to the board. However, SB 224 does not become effective until January 1, 2012, so this temporary rule is being suspended and will be re-filed with an effective date of January 1, 2012.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

 

Rule Caption: Temporary rule suspension.

Adm. Order No.: OMB 28-2011(Temp)

Filed with Sec. of State: 10-26-2011

Certified to be Effective: 10-26-11 thru 4-10-12

Notice Publication Date:

Rules Suspended: 847-050-0005(T), 847-050-0010(T), 847-050-0015(T), 847-050-0020(T), 847-050-0023(T), 847-050-0025(T), 847-050-0026(T), 847-050-0027(T), 847-050-0029(T), 847-050-0035(T), 847-050-0037(T), 847-050-0038(T), 847-050-0040(T), 847-050-0041(T), 847-050-0042(T), 847-050-0043(T), 847-050-0046(T), 847-050-0050(T), 847-050-0055(T), 847-050-0060(T), 847-050-0063(T), 847-050-0065(T)

Subject: SB 224, passed by the 2011 Legislature, changed the practice standards and licensing procedures for physician assistants. The temporary rule filed and effective on October 13, 2011 clarified the requirements of physician assistants and supervising physicians based on the statutory changes made by SB 224. However, SB 224 does not become effective until January 1, 2012, so this temporary rule is being suspended and will be re-filed with an effective date of January 1, 2012.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

 

Rule Caption: Amendment establishes requirements for re-entry to practice and contains language and grammar housekeeping.

Adm. Order No.: OMB 29-2011

Filed with Sec. of State: 10-27-2011

Certified to be Effective: 10-27-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-050-0043

Subject: The proposed rule amendments establishes requirements for re-entry to practice after ceasing practice for more than one year and contains general language and grammar housekeeping.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-050-0043

Inactive Registration and Re-Entry to Practice

(1) Any physician assistant licensed in this state who changes location to some other state or country, or who is not in a current supervisory relationship with a licensed physician for 6 months or more, will be listed by the Board as inactive.

(2) If the physician assistant wishes to resume active status to practice in Oregon, the physician assistant must submit the Affidavit of Reactivation and processing fee, satisfactorily complete the reactivation process and be approved by the Board before beginning active practice in Oregon.

(3) The Board may deny active registration if it judges the conduct of the physician assistant during the period of inactive registration to be such that the physician assistant would have been denied a license if applying for an initial license.

(4) If a physician assistant applicant has ceased practice for a period of 12 or more consecutive months immediately preceding the application for licensure or reactivation, the applicant may be required to do one or more of the following:

(a) Obtain certification or re-certification by the National Commission on the Certification of Physician Assistants (N.C.C.P.A.);

(b) Provide documentation of current N.C.C.P.A. certification;

(c) Complete 30 hours of Category I continuing medical education acceptable to the Board for every year the applicant has ceased practice;

(d) Agree to increased chart reviews upon re-entry to practice.

(5) The physician assistant applicant who has ceased practice for a period of 24 or more consecutive months may be required to complete a re-entry plan to the satisfaction of the Board. The Board must review and approve a re-entry plan prior to the applicant beginning the re-entry plan. Depending on the amount of time out of practice, the re-entry plan may contain one or more of the requirements listed in section (4) of this rule and such additional requirements as determined by the Board.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.512

Hist.: ME 12-1986, f. & ef. 7-31-86; ME 2-1990, f. & cert. ef. 1-29-90; ME 10-1992, f. & cert. ef. 7-17-92; ME 5-1996, f. & cert. ef. 7-26-96; BME 11-1998, f. & cert. ef. 7-22-98; BME 2-2000, f. & cert. ef. 2-7-00; BME 25-2008, f. & cert. ef. 10-31-08; [OMB 21-2011(Temp), f. & cert. ef. 10-13-11 thru 4-10-12; Suspend temporary by OBDD 28-2011(Temp), f. & cert. ef. 10-26-11 thru 4-10-12]; OMB 29-2011, f. & cert. ef. 10-27-11

 

Rule Caption: Clarify correct fine for failure to register as a dispensing physician or podiatric physician.

Adm. Order No.: OMB 30-2011

Filed with Sec. of State: 10-27-2011

Certified to be Effective: 10-27-11

Notice Publication Date: 8-1-2011

Rules Amended: 847-015-0025

Subject: The proposed rule amendments reflect the correct fine for failure to register as a dispensing physician or podiatric physician and contains general language and grammar housekeeping.

Rules Coordinator: Malar Ratnathicam—(971) 673-2713

847-015-0025

Dispensing Physicians and Podiatric Physicians

(1) Any actively licensed physician or podiatric physician who dispenses drugs must register with the Board as a dispensing physician before beginning to dispense drugs.

(2) A physician must register with the Board as a dispensing physician before supervising a physician assistant or any other health care provider with emergency dispensing privileges.

(3) Dispensing of samples, without charge, is not dispensing under this rule.

(4) Administering drugs in the physician’s or podiatric physician’s office is not dispensing under this rule.

(5) At the time of license registration renewal, all dispensing physicians must indicate their status as a dispensing physician on the registration renewal form.

(6) Any physician or podiatric physician who dispenses drugs after January 1, 1988, without first registering with the Board will be fined $195 and may be subject to further disciplinary action by the Board.

Stat. Auth.: ORS 677.265

Stats. Implemented: ORS 677.010 & 677.089

Hist.: ME 22-1987, f. & ef. 10-29-87; ME 9-1993, f. & cert. ef. 7-27-93; BME 1-2005, f. & cert. ef. 1-27-05; BME 24-2007, f. & cert. ef. 10-24-07; OMB 30-2011, f. & cert. ef. 10-27-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​